Public service news: Liberals to repeal hated Tory legislation on PS bargaining

The Liberal government is promising to unwind controversial Tory-era legislation that significantly diminished the power of federal unions and blunted their right to strike.

Treasury Board president Scott Brison said Wednesday the government will introduce legislation in the fall to repeal the contentious provisions of Bill C-4, the massive budget bill passed in 2013 that rewrote the 50-year-old rules for collective bargaining in Canada’s public service.

Brison said the move, which brings back the rules that previously governed collective bargaining, shows the government is committed to “restoring fair and balanced labour laws” and to rebuilding the trust with public servants that eroded under the Conservatives.

“As another important step in rebuilding the relationship with Canada’s public service, we are moving to repeal changes to the public service labour relations regime brought into law by the previous government,” Brison said in a statement.

Ron Cochrane, the co-chair of the joint union and management National Joint Council, said unions and government have been discussing possible changes to C-4 for months.

He said the promised repeal sends all the right signals about restoring trust and respect but added the old rules will remain in force during the ongoing round of bargaining.

“It’s a good step in the right direction. It creates a fairer relationship and shows in words and action that (the government) is working on building a better relationship.”

The Tory reforms effectively put the government in the driver’s seat when determining which unions get to strike and which ones go to arbitration to resolve contract disputes.

They also gave the government the exclusive right to decide which workers were essential and couldn’t strike. The changes also reduced the independence of arbitrators and ensured they base awards on the government’s budgetary priorities.

Brison said the government will rescind the most contentious provisions, such as those affecting essential services, the way collective bargaining is conducted and the processes for grievances and dispute resolution.

Until now, Brison, had only agreed to review the worrisome provisions.

Debi Daviau, president of the Professional Institute of the Public Service of Canada, said that as pleased as she is about the promise, PIPSC will be seeking some written commitments to “level the playing field” for the rest of this round of bargaining.

“This is the last legislated barrier and (we will) be very happy to see the tail end of it all, but the legislative agenda is full and we see how long it takes for legislation to be enacted so, therefore, we are going to need some interim measures to get us through this round of bargaining, she said. “That is where our focus will be.”

Public Service Alliance of Canada, the largest of the federal unions, also issued a cautious response.

“We recognize this as an attempt to correct some of the harm done by the Conservatives. We are looking forward to further discussions to ensure that this round of bargaining will be conducted in a fair manner,” said PSAC president Robyn Benson.

“PSAC has asserted that Bill C-4 is an attack on our members’ fundamental charter rights and not consistent with a free and democratic society.”

Brison’s promise comes as unions are preparing for their constitutional challenge of C-4, which is scheduled to go to court in early June. Daviau said the PIPSC won’t be withdrawing its legal case before the legislation is repealed.

The unions have long argued their position was strengthened by last year’s Supreme Court of Canada ruling, which struck down Saskatchewan’s essential services legislation and affirmed workers’ right to strike.

That law, which gave the Saskatchewan carte blanche to decide which employees are essential, was ruled unconstitutional. The decision found that employees can’t effectively bargain if there isn’t a fair and impartial dispute resolution mechanism – such as arbitration – to solve any impasses at the negotiating table.

The Conservatives’ C-4 changes were almost identical to those that were overturned in Saskatchewan.

Brison’s move marks the latest legislative concession the Liberals have made since elected to patch up relations with unions and restore their power.

Sick leave is the big issue bogging down the current round of bargaining. The government wants to replace the existing sick leave regime with a new short-term disability plan that is strongly opposed by unions.

The Liberals have already repealed the Tory legislation that gave the government power to unilaterally impose a new sick-leave regime. That signalled a major change in tone and direction with unions.

The government also introduced legislation to repeal two other controversial Conservative-era labour bills that would have forced all unions to publicly disclose their books and changed the process for union certify and decertify.

“By restoring fair and balanced labour laws, the government is recognizing that labour unions play an important role protecting workers’ rights and strengthening the middle class,” Brison said in a news release Wednesday.

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